Legal Opinion

Pearson v. Philip Morris USA Inc.

District Court of Appeal of Florida

Decided March 1, 2019No. Case No. 2D17-3636Published

1Opinion of the Court

BLACK, Judge.

*443Judith Pearson, as personal representative of the Estate of Donald Pearson, appeals the judgment entered in favor of Philip Morris USA Inc. in this Engle 1 progeny case. Mrs. Pearson raises three issues on appeal, only two of which we address: the court's improper denial of a challenge to a prospective juror for cause, requiring the Estate to use a peremptory challenge to excuse him; and the court's ruling allowing Philip Morris to exercise an out-of-turn peremptory strike. We reverse and remand for a new trial. Our reversal for a new trial renders moot Philip Morris's…

2Cases cited13 opinions

  1. Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
  2. Trotter v. StateSupreme Court of Florida · 1990
  3. Busby v. StateSupreme Court of Florida · 2005
  4. Weinstein Design Group, Inc. v. FielderDistrict Court of Appeal of Florida · 2004
  5. Banks v. StateSupreme Court of Florida · 2010

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